Towards a Constructive Coordination between the ICJ and the Investor-State Dispute Resolution: The ICJ Diallo Judgment and Beyond
28 Pages Posted: 4 Apr 2013
Date Written: April 3, 2013
This Article analyzes the core issues of the Diallo Judgment concerning investment protection and disputes resolutions and proposes the best approach for the ICJ in the light of institution interaction between the ICJ and the specialized investor-state dispute resolution mechanism. The potential jurisdiction overlap between the ICJ and the ICSID exists in two aspects: concurrency of jurisdiction and inconsistent substantive decision. As a system, international courts and tribunals have a duty to coordinate to promote the coherent development of international law in general and international investment law in particular. The coordinated mode should be based on the comparative advantages of both system and preserve moderate competition. In particular, the judicial supporting function of the ICJ to the ICSID is proposed in three aspects: Jurisdiction comity, Substantive protection coordination, and Supervision, Interpretation and enforcement of award.
Keywords: Diallo Judgment, ICJ, ISDS, ICSID, Investment Artration, Institutional interaction, Constructive coordination
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